Recovery of Overpayments
ORS 238.715 directs PERS to adopt rules establishing the procedures to be followed in recovering overpayments and erroneous payments. OAR 459-005-0610 outlines several options for the recovery of a debt owed to PERS from a benefit recipient.
Section (6) of the rule currently states: "...PERS shall use one of the following methods to effect a full recovery of any overpayment or erroneous payment...." The proposed rule modifications clarify that PERS is allowed more than one method of recovery.
Also, section (7) of the rule states that if an overpayment is caused solely by the actions of PERS or the employer, that an actuarial reduction method (ARM) will be the preferred method to recover that overpayment unless otherwise ordered by the Board. The edits to this rule remove the designation of a preferred method of collection.
Tier One/Tier Two Division of Benefits
OAR 459-045-0010 was adopted in 1996 to describe how PERS benefits may be divided due to a divorce. The intent of this rule is to further clarify divorce provisions so practitioners can develop court orders that can be administered by PERS and accurately completed related forms that provide PERS with required information.
This rulemaking will clarify the requirements for the division of lump-sum benefits and provide additional design requirements for the PERS divorce forms. Sections (3) and (4) were edited to include lump sums as a benefit that may be divided by a qualified domestic relations order.
Judge Member Beneficiaries
Senate Bill 771 (2013) became effective on June 26, 2013. Prior to passage of the bill, a judge member was prohibited from electing more than one beneficiary to receive death benefits. This bill permits a judge member to elect more than one beneficiary. These modifications conform the administrative rules to the statutory amendment.